PCN on Residential Parking and now LOC

Cancel_Them

Hi All,

Hope we're keeping well. 

I haven't received anything back from CNBC since I filled the directions questionnaire December 2024. I'm moving out of my current address in a couple of weeks to a new place.

To notify CNBC and Claimant of change of address for service, can I just send an email to the same email addresses?

Many thanks 

jd576

I can't comment definitively on your latest question - I'm sure others will, but since I hadn't read this entire thread previously, I went and read it all.

Browsing the thread, I don't see any photos of the signage on site. Can you post a few?

The POC states "unauthorised vehicle", which is a generic description that IMHO is not nearly specific enough to comply with Practice Direction 16.7.5. Since, from their description, they're using an e-permit system, there's probably signage making it clear that vehicles must be registered, which would be the specific breach that you allegedly made, failure to register your vehicle and obtain an e-permit. 

So there's a strong argument for a strike-out on that basis and you put that in your defence.

However, I also noticed that they breach PD 16.4(2)(b)(iii),  which states that if the claimant is seeking interest they must "(b) if the claim is for a specified amount of money, state (ii) the date from which it is claimed;  (iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued; (iv) the total amount of interest claimed to the date of calculation"

 

They're clearly claiming a specific amount, since they state that the amount of the PCN (plus their unspecified "damages") totals £510, yet on the POC, the amount in the box is given as £542.48.

The only conclusion is that the extra £32.48 constitutes a specific amount for interest and that they're therefore in breach of 16.4(2)(b)(iii) [and of 16.4(2)(b)(iv) for failing to explicitly state the amount of interest and subsuming it into the overall amount claimed]. 

Oh, and the claim form is signed by Sarah Ensall, who is not qualified to conduct litigation according to a recent (and seismic) judgement in the Mazur and Stewart vs Charles Russell Speechly case, of which there is a detailed Mazur thread that's a must read. Suggest searching the forum as well, since there's a lot of discussion elsewhere on this, in addition to the linked thread.

Coupon-mad

Cancel_Them said:

Hi All,

Hope we're keeping well. 

I haven't received anything back from CNBC since I filled the directions questionnaire December 2024. I'm moving out of my current address in a couple of weeks to a new place.

To notify CNBC and Claimant of change of address for service, can I just send an email to the same email addresses?

Many thanks 

You'll have to pay for Royal Mail Forwarding for at least 6 months too. Risky if not.

Le_Kirk

Cancel_Them said:

To notify CNBC and Claimant of change of address for service, can I just send an email to the same email addresses?

If you go to the template defence thread first post, there is a black box containing all the email addresses and your change of address goes to CaseProgression.CNBC@justice.co.uk
I always recommend sending a Data Rectification Notice to the DPO of the PPC (claimant) and requiring them to advise all their agents and sub-contracotrs BUT sometimes they don't always do this, so also send to the claimant's solicitor.

Cancel_Them

jd576 said:

I can't comment definitively on your latest question - I'm sure others will, but since I hadn't read this entire thread previously, I went and read it all.

Browsing the thread, I don't see any photos of the signage on site. Can you post a few?

The POC states "unauthorised vehicle", which is a generic description that IMHO is not nearly specific enough to comply with Practice Direction 16.7.5. Since, from their description, they're using an e-permit system, there's probably signage making it clear that vehicles must be registered, which would be the specific breach that you allegedly made, failure to register your vehicle and obtain an e-permit. 

So there's a strong argument for a strike-out on that basis and you put that in your defence.

However, I also noticed that they breach PD 16.4(2)(b)(iii),  which states that if the claimant is seeking interest they must "(b) if the claim is for a specified amount of money, state (ii) the date from which it is claimed;  (iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued; (iv) the total amount of interest claimed to the date of calculation"

 

They're clearly claiming a specific amount, since they state that the amount of the PCN (plus their unspecified "damages") totals £510, yet on the POC, the amount in the box is given as £542.48.

The only conclusion is that the extra £32.48 constitutes a specific amount for interest and that they're therefore in breach of 16.4(2)(b)(iii) [and of 16.4(2)(b)(iv) for failing to explicitly state the amount of interest and subsuming it into the overall amount claimed]. 

Oh, and the claim form is signed by Sarah Ensall, who is not qualified to conduct litigation according to a recent (and seismic) judgement in the Mazur and Stewart vs Charles Russell Speechly case, of which there is a detailed Mazur thread that's a must read. Suggest searching the forum as well, since there's a lot of discussion elsewhere on this, in addition to the linked thread.

Hi,

Please a couple of pictures of the signs.

I already submitted the defence though. Can it still be updated?

Cancel_Them

Coupon-mad said:

Cancel_Them said:

Hi All,

Hope we're keeping well. 

I haven't received anything back from CNBC since I filled the directions questionnaire December 2024. I'm moving out of my current address in a couple of weeks to a new place.

To notify CNBC and Claimant of change of address for service, can I just send an email to the same email addresses?

Many thanks 

You'll have to pay for Royal Mail Forwarding for at least 6 months too. Risky if not.

Whoa, that's a huge £60.🥲

Cancel_Them

Le_Kirk said:

Cancel_Them said:

To notify CNBC and Claimant of change of address for service, can I just send an email to the same email addresses?

If you go to the template defence thread first post, there is a black box containing all the email addresses and your change of address goes to CaseProgression.CNBC@justice.co.uk
I always recommend sending a Data Rectification Notice to the DPO of the PPC (claimant) and requiring them to advise all their agents and sub-contracotrs BUT sometimes they don't always do this, so also send to the claimant's solicitor.

Thank you.

Coupon-mad

You should already know from reading IMPORTANT: KNOW WHAT HAPPENS WHEN' in post 2 of the NEWBIES thread, that you get to provide images and evidence later on, at WS & evidence stage. Deadline for that will be in your Hearing Date Order.

Cancel_Them

Yeah, I am yet to receive the hearing order. Jd576 mentioned defence, and I had thought once submitted thats done and I can then only use the points raised in the defence in the WS .

So, if I understand correctly I can make points like Jd576 stated, in the WS talking about the images and letters in the evidence?

I'll refresh myself again on all the information in the newbies thread, I haven't done much on this since the start of the year, I've been waiting to get the Hearing Date order.